UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of Earliest Event Reported): July 7, 2009
Emisphere Technologies, Inc.
(Exact name of registrant as specified in its charter)
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Delaware
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000-17758
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13-3306985 |
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(State or other jurisdiction
of incorporation)
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(Commission
File Number)
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(I.R.S. Employer
Identification No.) |
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240 Cedar Knolls Road, Suite 200,
Cedar Knolls, New Jersey
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07927 |
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(Address of principal
executive offices)
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(Zip Code) |
Registrants telephone number, including area code: 973-532-8000
Former name or former address, if changed since last report
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events.
On July 7, 2009, Emisphere Technologies, Inc. (the Company) received an interim decision and
award in an arbitration brought by its former CEO Michael Goldberg, M.D. against the Company which
found that Dr. Goldbergs termination in 2007 was not for cause under the terms of his employment
agreement and dismissed the Companys counterclaims and affirmative defenses. The arbitrators
interim ruling reserved decision on remedies pending further briefing and continued the
proceedings. The Company is analyzing the ruling and considering its options for further review.